Content-Based Computer Crimes
Free Speech Coalition Case
Ashcroft v Free Speech Coalition
In the case Ashcroft v. Free Speech Coalition, an adult-entertainment trade association contended that provisions of the Child Pornography Prevention Act prohibiting any visual depiction that appeared to be of a minor engaging in sexually explicit conduct," or conveyed the impression that the image depicted a minor engaging in such conduct, were overbroad and, thus, unconstitutional, as a violation of the First Amendment. The Supreme Court ruled with the trade association and held that the prohibitions of these sections were overbroad and, thus, unconstitutional. This means that prosecutors will generally have to prove that an image is of an actual child.
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